Most probate attorneys focus on probate administration, the process of resolving a person’s estate and distributing their assets. This is very different from litigating a probate dispute. We focus on probate litigation, the resolution of disputes involving trusts and estates, and tortious conduct against Elders.
WHAT IS A PROBATE DISPUTE?
Probate disputes can take on many forms, including, but no limited to:
- Elder Financial Abuse
- Validity of a Will, Trust, or Amendment
- Removal of Trustee, Executor, or Administrator
- Breach of Fiduciary Duty
- Status of an Heir or Beneficiary
- Competency of a Decedent When a Will or Trust is Executed
- Inheritance Claims of Surviving Spouse or Child
- Third-party Creditor Claims
When you lose a loved one, you should be able to focus on grieving and healing. We are here to help you resolve your dispute so that you can get back to focusing on your family.
WHAT IS ELDER LAW?
California has recognized that Elders and Dependent Adults may be particularly vulnerable to abuse and neglect. As a result, laws have been adopted providing additional protections for these groups. Generally, an Elder includes persons age 65 or older, and a Dependent Adult includes adults ages 18 through 64 who have a limitation preventing or restricting their ability to carry out normal activities or to protect their rights.
ELDER FINANCIAL ABUSE
Financial abuse of an Elder or Dependent Adults includes whenever a person or business wrongfully takes, obtains, or retains the property of that person. A wrongful taking can occur by force, fraud, or undue influence, but also may occur by means of an agreement, donative transfer, or testamentary bequest if the recipient knew or should have known that their conduct was likely to be harmful to the Elder or Dependent Adult.